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SCHOELLKOPF v. McGOWAN

Civil No. 526.

43 F.Supp. 568 (1942)

SCHOELLKOPF v. McGOWAN, Collector of Internal Revenue.

District Court, W. D. New York.

February 14, 1942.

Attorney(s) appearing for the Case

Franchot, Runals, Cohen, Taylor & Rickert, of Niagara Falls, N. Y. (Paul P. Cohen, of Niagara Falls, N. Y., of counsel), for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Fred J. Neuland, Sp. Assts. to Atty. Gen., and George L. Grobe, U. S. Atty., and R. Norman Kirchgraber, Asst. U. S. Atty., both of Buffalo, N. Y., for defendant.

KNIGHT, District Judge.

Statement of Stipulated Facts.

This is an action by Paul A. Schoellkopf, a taxpayer, against George T. McGowan, Collector of Internal Revenue, for the 28th District of New York, to recover certain taxes and interest collected by the defendant from the plaintiff under protest.

The plaintiff on November 14, 1917, and March 3, 1921, executed instruments by which the plaintiff transferred certain shares of stock to himself as...

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